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Virginia Attorney General Jason Miyares released a 33-page report on Friday chronicling what he said were systemic violations of public policy and trust by Fairfax County Commonwealth’s Attorney Steve Descano.
Descano, an elected Democrat, has been under fire for purportedly lax prosecutorial discretion, including in cases involving transgender people and most recently an abduction by a repeat offender at the Fair Oaks Mall near John Foster Dulles International Airport.
In that case, Caceres Jaldin allegedly scooped up a 3-year-old girl who got separated from her parents at the mall’s playground, before the guardians caught up with him on another floor of the complex.
Virginia Gov. Glenn Youngkin lambasted Fairfax officials and separately asked Miyares to investigate their handling of Jaldin, who had just been released from prison. Jaldin has been charged in 30 instances since 2016, according to local outlet FairfaxNow, which also reported Descano dropped two charges of “malicious wounding” last year.
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Descano also faced criticism over Fairfax’s handling of a jogger’s rape on the W&OD Trail — a popular path linking Purcellville and Washington, D.C. — after the arrested suspect was revealed to have a lengthy history of sexual assaults and had recently been released from custody.
In 2022, the police chief in Herndon – where the alleged assault also occurred – told FOX-5 that Descano’s office downgraded a felony indictment to a misdemeanor in a case relating to the man allegedly choking one of their officers.
“Justice isn’t optional,” Miyares, a Republican, said Friday. “And our laws are not suggestions.”
“Fairfax Commonwealth’s Attorney Steve Descano has betrayed the rule of law and the very people he swore to protect, turning prosecutorial discretion into deliberate, weaponized incompetence,” said Miyares, who is running for reelection against former Del. Jerrauld “Jay” Jones, D-Norfolk.
Miyares said Descano took an oath to uphold the law and protect victims in Fairfax County — home to George Washington, George Mason, Richard Bland Lee and other historic figures.
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In his report, Miyares took particular aim at Descano’s policy prohibiting enforcement of some mandatory minimum sentences for serious crimes, and relaxing or ignoring cash bail requirements for recidivists.
The report alleged Descano “repeatedly commit[ed] Brady and discovery violations” – with Brady referring to requirements to present known exculpatory evidence to the defense – and engaged in “raw prosecutorial incompetence.”
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As for alleged violations of the state constitution, Miyares found that Descano may have violated Article I Section 8A, regarding denying crime victims all rights guaranteed in law.
Fox News Digital reached out to Descano’s office for comment but did not immediately hear back.
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